High Courts
Wives Generally Exaggerate Husband's Income In Maintenance Pleas; It Doesn't Automatically Warrant Perjury Action: Allahabad HC
The Allahabad High Court has observed that it is common knowledge that a wife generally exaggerates her husband's income in maintenance proceedings, but such exaggerated statements do not automatically warrant the initiation of perjury proceedings against her under Section 340 CrPC. A bench of Justice Raj Beer Singh passed this order while dismissing a criminal appeal filed by a husband challenging a family court's order rejecting his application to initiate proceedings under...
“No Dying Declaration, No Proof Of Cruelty”: Calcutta High Court Acquits Husband In S.498A IPC Case After 24 Years
The Calcutta High Court has set aside the conviction of a man under Section 498A of the IPC, holding that the prosecution failed to prove any act of cruelty or dowry-related harassment that could have driven his wife to commit suicide. Justice Chaitali Chatterjee Das observed that the evidence on record was marked by vague allegations, contradictions and emotional assertions, and that the prosecution story lacked the foundational facts necessary to sustain a conviction for cruelty. The Court...
Allahabad High Court Drops Contempt Proceedings Against Advocate Who Accused Judge Of Working Under 'Govt Pressure'
The Allahabad High Court last week dropped criminal contempt proceedings against an advocate who had accused a single judge of working under government pressure in open court. A bench of Justice Siddhartha Varma and Justice Jai Krishna Upadhyay closed the matter after accepting the unconditional apology tendered by the advocate. The incident occurred on February 12, 2026, during the hearing of a bail application. The advocate in question was appearing on behalf of the accused. ...
No Anticipatory Bail On Mere Summons In Complaint Cases? Allahabad High Court Doubts 2025 Ruling, Refers Issue To Larger Bench
The Allahabad High Court has referred to a larger bench the question as to whether an anticipatory bail application is maintainable after an accused is summoned in a complaint case involving a non-bailable offence.A bench of Justice Rajiv Lochan Shukla expressed disagreement with a 2025 coordinate bench ruling in Asheesh Kumar v. State of U.P. and Another 2025 LiveLaw (AB) 293, wherein it was held that anticipatory bail under Section 482 BNSS is not maintainable upon the mere issuance of a...
Delhi High Court Warns Against Misuse Of Perjury Pleas To 'Arm-Twist' Opponents, Dismisses S.340 CrPC Application
The Delhi High Court has cautioned against the growing misuse of perjury proceedings, observing that applications under Section 340 CrPC are increasingly being filed to “arm-twist” opponents and delay trials, rather than to address genuine instances of false evidence.Justice Subramonium Prasad made the observation while dismissing an application seeking initiation of perjury proceedings against a defendant in a family property dispute.The case arose out of a suit for partition and rendition of...
Muslims Can Invoke 'Guardians And Wards Act' Provisions For Seeking Minor's Custody: Allahabad High Court
The Allahabad High Court has observed that persons governed by Muslim personal law are not precluded from seeking custody of a minor under the Guardians and Wards Act, 1890. A bench of Justice Anil Kumar-X said that while personal law may guide the Court in determining the rights of parties; however, the paramount consideration is always the welfare of the minor, which overrides all other considerations. The Court was essentially dealing with a habeas corpus writ petition filed by...
Jammu & Kashmir And Ladakh High Court Weekly Roundup March 23 - 29, 2026
Nominal Index:Chuni Lal Vs Jammu & Kashmir Bank Ltd & Ors 2026 LiveLaw (JKL) 112Mushtaq Ahmad Ganie Vs Union Territory of J&K & Anr 2026 LiveLaw (JKL) 113Gaganpreet Singh Wazir Vs Food Corporation of India & Ors 2026 LiveLaw (JKL) 114Ajaz Ahmed Vs UT of J&K through SHO Police Station Poonch & Superintendent, District Jail, Poonch 2026 LiveLaw (JKL) 115Javid...
Delhi High Court Acquits Life Convicts In Decade-Old Murder Case, Flags Unreliable Eyewitness
The Delhi High Court has set aside the conviction and life sentence of two men in a 2016 murder case, holding that the prosecution's case rested on an unreliable eyewitness whose testimony did not inspire confidence.A Division Bench of Justices Prathiba M. Singh and Madhu Jain allowed the appeals filed by the accused, who had been convicted under Sections 302/34 IPC and sentenced to life imprisonment by the trial court.The case pertained to the fatal shooting of one Vinay Singh in September 2016...
Guilt Can Be Established On Basis Of Preliminary Inquiry Statements Even If Key Witnesses Turn Hostile During Departmental Proceedings : Delhi HC
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that in departmental proceedings, the guilt of an employee can be established on the basis of circumstantial evidence and initial statements made during a preliminary inquiry, even if the key witnesses subsequently turn hostile during the departmental enquiry. Background Facts The Petitioner was working as HC in Delhi Police. On 18.04.2020, he along with an associate detained two...
After Superannuation, Only Government & Not Subordinate Authority Competent To Impose Penalty, As Per Rules : Orissa HC
A Division Bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra held that after superannuation, only the Government is authorised under the rules to pass the order of penalty in a departmental proceeding even initiated prior to the retirement. A subordinate authority cannot impose such penalty. Background Facts The employee (appellant) was working as a Senior Clerk in the Office of the Accountant General, Odisha (A & E). He was...
Earlier Buyer Can Seek Cancellation Of Later Sale; Subsequent Transactions Cannot Override Prior Rights: Delhi High Court
The Delhi High Court has held that a buyer under an earlier transaction is entitled to challenge and seek cancellation of a subsequent sale of the same property by the same seller, affirming that such later deals cannot override prior rights.Justice Mini Pushkarna in her 86-page judgment observed,“where two successive transfers of the same immovable property have been made, the one prior in time takes precedence in law over the transfer that is subsequent in time. The aforesaid provision...
Calcutta High Court Acquits Man In Rape Case, Says Complaint Filed “Out Of Grudge” After Breakdown Of Relationship
The Calcutta High Court has set aside the conviction of a man found guilty of rape in 2008, holding that the prosecution's case suffered from contradictions, material omissions and lack of corroboration — especially the complainant's admission that she subsequently married the accused and lived with him as his wife.Justice Chaitali Chatterjee Das, deciding the criminal appeal in CRA 76 of 2009 (Mithun Paul v. State of West Bengal), observed that the written complaint itself concealed the fact of...